In a trial for affray, two witnesses said they were reluctant to give evidence in person in fear for their own safety. Their evidence was admitted by the judge using his discretion under the Act for this purpose. He directed the jury as to the care they had to exercise, and there was other evidence. He did not give his reasons for exercising this discretion. It was held that although he should have given his reasons, in this case there had been no injustice, and the verdict stood.
England and Wales
Cited – Lobban, Regina v CACD 7-May-2004
The defendant appealed his conviction. A witness statement had been read, but he had wanted to cross examine her. The court was satisfied that her refusal to give evidence in person was through fear.
Held: In making the decision, the judge had . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 August 2022; Ref: scu.88435